Privacy Act System of Records, 31851-31854 [2012-12949]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31851-31854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12949]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice; one new Privacy Act system of records.

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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the Federal Communications Commission (FCC or 
Commission) proposes to add a new system of records, FCC/OMD-30, ``FCC 
Visitors Database.'' The FCC's Security Operations Center (SOC) in the 
Office of Managing Director (OMD) will use the information contained in 
FCC/OMD-30 to cover the personally identifiable information (PII) that 
all visitors to the

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FCC, including but not limited to U.S. citizens, permanent residents 
(i.e., green card holders), and foreign nationals, must provide to the 
SOC to gain admittance to the FCC headquarters buildings and other FCC 
facilities.

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, as amended, any interested person may submit written comments 
concerning this new system of records on or before June 29, 2012. The 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), which has oversight responsibility under 
the Privacy Act to review the system of records, and Congress may 
submit comments on or before July 9, 2012. The proposed new system of 
records will become effective on July 9, 2012 unless the FCC receives 
comments that require a contrary determination. The Commission will 
publish a document in the Federal Register notifying the public if any 
changes are necessary. As required by 5 U.S.C. 552a(r) of the Privacy 
Act, the FCC is submitting reports on this proposed new system to OMB 
and Congress.

ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst, 
Performance Evaluation and Records Management (PERM), Room 1-C216, 
Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554, or via the Internet at Leslie.Smith@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, Performance 
Evaluation and Records Management (PERM), Room 1-C216, Federal 
Communications Commission (FCC), 445 12th Street SW., Washington, DC 
20554, (202) 418-0217, or via the Internet at Leslie.Smith@fcc.gov.

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth 
notice of the proposed new system of records to be maintained by the 
FCC. This notice is a summary of the more detailed information about 
the proposed new system of records, which may be obtained or viewed 
pursuant to the contact and location information given above in the 
ADDRESSES section. The purpose for establishing this new system of 
records, FCC/OMD-30, ``FCC Visitors Database,'' is for the FCC's 
Security Operations Center (SOC) in the Office of Managing Director 
(OMD) to use this information to cover the personally identifiable 
information (PII) that all visitors to the FCC, including but not 
limited to U.S. citizens, permanent residents (i.e., green card 
holders), and foreign nationals, must provide to the SOC to gain 
admittance to the FCC headquarters buildings and other FCC facilities.
    This notice meets the requirement documenting the proposed new 
system of records that is to be added to the systems of records that 
the FCC maintains, and provides the public, OMB, and Congress with an 
opportunity to comment.
FCC/OMD-30

SYSTEM NAME:
    FCC Visitors Database.

SECURITY CLASSIFICATION:
    The FCC's Security Operations Center (SOC) has not assigned a 
security classification to this system of records.

SYSTEM LOCATION:
    Office of the Managing Director (OMD), Security Operations Center 
(SOC), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554;

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records in this system include all visitors to the FCC. These 
individuals include, but are not limited to U.S. citizens, permanent 
residents (i.e., green card holders), and foreign nationals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the FCC Visitors Database include, but 
are not limited to the individual's first and last name, photographic 
identification (including but not limited to a driver's license, 
passport, or other types of photo identification), the authority 
issuing the photo identification, U.S. visa number, FCC point of 
contact, visitor signature, professional title, organizational 
affiliation, contact information for the visitor, including but not 
limited to wireline and wireless (cell) phone numbers, correspondence 
related to information required to obtain visitor entry to the FCC, and 
purpose(s) for visiting the FCC.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 6 U.S.C. 202; 8 U.S.C. 1103, 1158, 1201, 1324, 1357, 
1360, 1365a, 1365b, 1372, 1379, 1732; Federal Information Security Act 
(Pub. L. 104-106, sec. 5113); Electronic Government Act (Pub. L. 104-
347, sec. 203); and Federal Property and Administrative Act of 1949, as 
amended.

PURPOSE(S):
    The purpose of the system is to cover the personally identifiable 
information (PII) that all visitors to the FCC, including but not 
limited to U.S. citizens, permanent residents (i.e., green card 
holders), and foreign nationals, must provide to the FCC's Security 
Operations Center (SOC) to gain admittance to the FCC headquarters 
buildings and other FCC facilities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about individuals in this system of records may 
routinely be disclosed under the following conditions:
    1. Litigation by the Department of Justice--When: (a) the FCC or 
any component thereof; (b) any employee of the FCC in his or her 
official capacity; (c) any employee of the FCC in his or her individual 
capacity where the FCC or the Department of Justice (DOJ) has agreed to 
represent the employee; or (d) the United States Government is a party 
to litigation or has an interest in such litigation, and by careful 
review, the FCC determines that the records are both relevant and 
necessary to the litigation and the use of such records by the DOJ is 
therefore deemed by the FCC to be for a purpose compatible with the 
purpose for which the FCC collected the records;
    2. Court or Adjudicative Body--In a proceeding when: (a) the FCC or 
any component thereof; (b) any employee of the FCC in his or her 
official capacity; (c) any employee of the FCC in his or her individual 
capacity where the Department of Justice (DOJ) has agreed to represent 
the employee; or (d) the United States Government is a party to 
litigation or has an interest in such litigation, and by careful 
review, the FCC determines that the records are both relevant and 
necessary to the litigation and the use of such records is therefore 
deemed by the FCC to be for a purpose that is compatible with the 
purpose for which the FCC collected the records;
    3. Law Enforcement and Investigation--Except as noted on Forms SF 
85, 85-P, and 86, when a record on its face, or in conjunction with 
other records, indicates a violation or potential violation of a law, 
whether civil, criminal, or regulatory in nature, and whether arising 
by general statute or particular program statute, or by regulation, 
rule, or order issued pursuant thereto, disclosure may be made to the 
appropriate public authority, whether Federal, State, local, tribal, or 
foreign, or otherwise responsible for enforcing, investigating, or 
prosecuting such violation or charged with enforcing or implementing 
the statute, rule, regulation, or order issued pursuant thereto, if the 
information disclosed is relevant to any

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enforcement, regulatory, investigative, or prosecutorial responsibility 
of the receiving entity;
    4. Government-wide Program Management and Oversight--When requested 
by the National Archives and Records Administration (NARA), the 
Government Accountability Office (GAO), and/or the General Services 
Administration (GSA) for the purpose of records management inspections 
conducted under authority of 44 U.S.C. Sec. Sec.  2904 and 2906 (such 
disclosure(s)) shall not be used to make a determination about 
individuals); when the U.S. Department of Justice (DOJ) is contacted in 
order to obtain that department's advice regarding disclosure 
obligations under the Freedom of Information Act (FOIA); or when the 
Office of Management and Budget (OMB) is contacted in order to obtain 
that office's advice regarding obligations under the Privacy Act;
    5. Congressional Inquiries--When requested by a Congressional 
office in response to an inquiry by an individual made to the 
Congressional office for the individual's own records;
    6. Contract Services, Grants, or Cooperative Agreements--A record 
may be disclosed to FCC contractors, grantees, or volunteers who have 
been engaged to assist the FCC in the performance of a contract 
service, grant, cooperative agreement, or other activity related to 
this system of records and who need to have access to the records in 
order to perform their activity. Recipients shall be required to comply 
with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 
552a;
    7. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the Agency--Disclosure may be made to a Federal, 
State, local, or tribal government, or other public authority or entity 
maintaining civil, criminal, intelligence, national security, or other 
relevant enforcement records, or other pertinent records, or to another 
public authority or professional organization, if necessary to obtain 
information relevant to an investigation concerning the retention of an 
employee or other personnel action (other than hiring), the retention 
of a security clearance, the letting of a contract, or the issuance or 
retention of a grant or other benefit;
    8. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by other than the Agency--Disclosure may be made to 
a Federal, State, local, or tribal government, or other public 
authority or entity of the fact that this system of records contains 
information relevant to the retention of an employee, the retention of 
a security clearance, the letting of a contract, or the issuance or 
retention of a license, grant, or other benefit. The other agency or 
licensing organization may then make a request supported by the written 
consent of the individual for the entire record if it so chooses. No 
disclosure will be made unless the information has been determined to 
be sufficiently reliable to support a referral to another office within 
the agency or to another Federal agency for criminal, civil, 
administrative, personnel or regulatory action;
    9. National Security and Intelligence Matters--Disclosure of these 
records may be made to Federal, State, local agencies, or other 
appropriate entities or individuals, or through established liaison 
channels to selected foreign governments and international law 
enforcement organizations and agencies in order to enable a Federal 
agency or entity charged with, but not limited to national security 
and/or intelligence activities and related functions, to carry out 
these duties and responsibilities under the National Security Act of 
1947, as amended, the CIA Act of 1949, as amended, Executive Order 
12333 or any successor order, applicable to national security 
directives, or classified implementing procedures approved by the 
Attorney General and promulgated pursuant to such statutes, orders, or 
directives;
    10. Department of State, Department of Homeland Security, and other 
Federal Agencies--A record from this system may be disclosed, where 
appropriate, to the State Department, Department of Homeland Security 
(DHS), and/or other Federal agencies and entities charged with, but not 
limited to national security, law enforcement, immigration, 
intelligence, and related functions, activities, duties, and 
responsibilities, where there is an indication of a violation or 
potential violation of a law, whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or particular program 
statute, or by regulation, rule, or order issued pursuant thereto, 
disclosure may be made to enforce, investigate, or prosecute 
violations, or to enforce or implement a statute, rule, regulation, or 
order issued pursuant thereto, if the information disclosed is relevant 
to any enforcement, regulatory, investigative, or prosecutorial 
responsibility of the receiving Federal agency or entity;
    11. Foreign Governments--A record from this system may be disclosed 
through the U.S. Department of State or the Department of Homeland 
Security (DHS) or other Federal security agencies, entities, or 
organizations or directly to the representative of such a foreign 
government or country, to the extent necessary to assist such a 
government or country in apprehending and/or returning a fugitive to a 
jurisdiction which seeks the individual's return, or to assist such a 
country in civil or criminal proceedings in which the United States or 
one of its officers or agencies has an interest; and
    12. Breach Notification--A record from this system may be disclosed 
to appropriate agencies, entities, and persons when: (1) The Commission 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Commission has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Commission's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose for which the records 
were collected.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The information in the FCC Visitors Database includes paper 
document, files, and records that are stored in file cabinets in the 
Security Operations Center (SOC), and electronic records, files, and 
electronic records, files, and data that are stored in the FCC's 
computer network databases.

RETRIEVABILITY:
    The information in the FCC Visitors Database may be retrieved by 
the name of the individual, driver's license number, U.S. passport 
number, foreign passport number, U.S. visa number, date of birth (DOB), 
and/or photo ID number.

SAFEGUARDS:
    The paper documents, records, and files are maintained in file 
cabinets in the SOC's office suite. The file cabinets where these paper 
documents, files, and records are stored are controlled by on-site 
personnel when unlocked and locked when not in use. Access to the

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SOC office suite is through a card-coded main door. Access to the file 
cabinets is restricted to authorized SOC supervisors, staff, and 
contractors, whose duties and responsibilities require use of the 
information.
    The electronic records, files, and data are stored in the FCC 
computer network databases that are secured by limited access card 
readers. The computer servers themselves are password-protected. Access 
to the electronic files is restricted to authorized SOC supervisors, 
staff, and contractors, and to the Information Technology Center (ITC) 
staff and contractors, who maintain the FCC's computer network. Other 
FCC employees and contactors may be granted access on a ``need-to-
know'' basis. The FCC's computer network databases are protected by the 
FCC's security protocols, which include controlled access, passwords, 
and other security features. A PRIVACY WARNING NOTICE appears on the 
monitor screen when records containing information on individuals are 
first displayed. Information resident on the SOC database servers is 
backed-up routinely onto magnetic media. Back-up tapes are stored on-
site and at a secured, off-site location.

RETENTION AND DISPOSAL:
    Records in the FCC Visitors Database are retained in accordance 
with General Records Schedule (GRS) 18, Item 17 approved by the 
National Archives and Records Administration (NARA). The records 
disposal is done in accordance with the Commission's disposal policies. 
Unless retained for specific, on-going security investigations, records 
of facility access are maintained for one year and then destroyed.
    All other records relating to individuals are retained and disposed 
of in accordance with GRS 18, item 22a, approved by NARA. The records 
are disposed of in accordance with SOC disposal policies, as follows:
    1. All returned day contractor cards will be reused on a daily 
basis.
    2. Transaction data for all FCC Visitors Database cards will be 
stored using a secure medium and retained for one year in the SOC, 
which is locked and secured with an alarm system.
    In accordance with Homeland Security Presidential Directive (HSPD-
12), Personal Identity Verification (PIV) Cards are deactivated within 
eighteen (18) hours of notification of cardholder separation, loss of 
card, or expiration. The information on PIV Cards is maintained in 
accordance with GRS 11, Item 4. PIV Cards are destroyed by burning in 
an approved Federal burn-facility.

SYSTEM MANAGER(S) AND ADDRESS:
    Security Operations Center (SOC), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Security Operations Center (SOC), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Security Operations Center (SOC), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Security Operations Center (SOC), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources for information in this system are the visitors 
themselves and/or their agency or organizational sponsor(s) who have 
been invited to or have requested admittance to the FCC headquarters 
buildings and other FCC facilities for the visitors.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-12949 Filed 5-29-12; 8:45 am]
BILLING CODE 6712-01-P